37 CFR § 1.601 — Filing of papers in supplemental (MPEP Coverage Index) – BlueIron IP

This page consolidates MPEP guidance interpreting 37 CFR § 1.601, including 41 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Summary

This section outlines the procedures for filing papers to request a supplemental examination after a patent has been granted, focusing on identifying the patent owner and submitting relevant prior art.

What this section covers

Defines the process of filing papers to request a supplemental examination after a patent is granted.

Key obligations

Patent owners must file a request for supplemental examination, identifying themselves as the owners of the entire right, title, and interest in the patent.
Submissions must include a detailed identification of any prior art or incorrect positions believed to be relevant.
Compliance with USC and CFR requirements, including proper format and content of the submission, is essential.

Practice notes

Ensure the identification of patent owners is clear and complete to avoid non-compliance.
Failing to include all relevant prior art or incorrect positions can undermine the effectiveness of the supplemental examination request.

Certificate Must Indicate SNQ of PatentabilityMPEP 2817Required
Supplemental Examination Certificate Must State SNQ DeterminationMPEP 2817
Fees Reduced for Micro EntitiesMPEP 509.04
Excess Claims and Application Size Fees Eligible for Micro Entity DiscountMPEP 509.04Required
Micro Entity Discount for Appeal FeesMPEP 509.04
Request for Supplemental Examination Must Be Filed by Patent OwnerMPEP 2803Required
Third Parties Cannot File Papers in Supplemental ExaminationMPEP 2803.01
Patent Owner Can Request Ex Parte ReexaminationMPEP 2803.01Prohibited
No Discussion with Third Parties Regarding Supplemental ExaminationMPEP 2803.01Recommended
Inquiry from Non-Patent Owner Referred to CRU SPRSMPEP 2803.01Recommended
General Procedural Questions Only Allowed for Supplemental ExaminationsMPEP 2803.01Permitted
CRU Examiners Must Not Discuss SNQ Evidence ConsiderationMPEP 2803.01Recommended
Patent Practitioners Must Not Address Improper Queries to Examining CorpsMPEP 2803.01Prohibited
Refusal of Public Inquiries on Examination MattersMPEP 2803.01Required
Definitions and Exceptions for Supplemental Examination RequestsMPEP 2803.01
Patent Owner Can Request Supplemental Examination Any Time During Patent EnforceabilityMPEP 2808Permitted
Period for Requesting Supplemental Examination Determined by RuleMPEP 2808Prohibited
Enforceability Period Extended for Pending LitigationMPEP 2808Permitted
Supplemental Examination After Statute of LimitationsMPEP 2808Permitted
Owner Identification and Ownership Submission Required for Supplemental ExaminationMPEP 2811Required
Request for Supplemental Examination Must Be Filed by Patent OwnerMPEP 2811Required
Supplemental Examination Proceeding Ends With Issuance of CertificateMPEP 2817
Ex Parte Reexamination Fees Subject to Micro Entity DiscountMPEP 509.04

Certificate Must Indicate SNQ of PatentabilityMPEP 2817Required
Excess Claims and Application Size Fees Eligible for Micro Entity DiscountMPEP 509.04Required
Request for Supplemental Examination Must Be Filed by Patent OwnerMPEP 2803Required
Request Must Be Filed by Patent OwnerMPEP 2803Required
Patent Ownership Must Be Identified for Supplemental ExaminationMPEP 2803Required
Refusal of Public Inquiries on Examination MattersMPEP 2803.01Required
Owner Identification and Ownership Submission Required for Supplemental ExaminationMPEP 2811Required
Request for Supplemental Examination Must Be Filed by Patent OwnerMPEP 2811Required

Supplemental Examination Requirement for Patent Information CorrectionMPEP 2003.01
Patent Owner Can Insulate Patent From Unenforceability Through Supplemental ExaminationMPEP 2003.01Prohibited
Patent Owner Can Request Office to Reconsider InformationMPEP 2003.01Permitted
Patent Owner Can Request Supplemental ExaminationMPEP 2803Permitted
Request for Supplemental Examination Must Be Filed by Patent OwnerMPEP 2803
Only Patent Owner Can File Supplemental Examination RequestMPEP 2803
Petition for Waiver of Joint Owner RequirementsMPEP 2803Prohibited
Heirs of Deceased Joint Owner Can Join Request for Supplemental ExaminationMPEP 2803Permitted
Legal Representative May Join Supplemental Examination Petition When Owner Is IncapacitatedMPEP 2803Prohibited
Court Determination Needed for Dissolved Organization's Patent RightsMPEP 2803Permitted
Legal Representative May File Supplemental Examination RequestMPEP 2803Permitted
Patent Owner Determines Expiration Date for Supplemental ExaminationMPEP 2808
How to Determine Patent Expiration DateMPEP 2808Permitted
Expiration Date Determination for Supplemental ExaminationMPEP 2808Recommended
Third Party Cannot File Papers in Supplemental Examination ProceedingMPEP 2813Prohibited
Third Party Cannot File Papers in Supplemental Examination ProceedingMPEP 2813

MPEP Section	Rules
MPEP § 2003.01	Supplemental Examination Requirement for Patent Information CorrectionMPEP 2003.01 Patent Owner Can Insulate Patent From Unenforceability Through Supplemental ExaminationMPEP 2003.01Prohibited Patent Owner Can Request Office to Reconsider InformationMPEP 2003.01Permitted
MPEP § 2803	Request for Supplemental Examination Must Be Filed by Patent OwnerMPEP 2803Required Patent Owner Can Request Supplemental ExaminationMPEP 2803Permitted Request for Supplemental Examination Must Be Filed by Patent OwnerMPEP 2803 Only Patent Owner Can File Supplemental Examination RequestMPEP 2803 Request Must Be Filed by Patent OwnerMPEP 2803Required Patent Ownership Must Be Identified for Supplemental ExaminationMPEP 2803Required Petition for Waiver of Joint Owner RequirementsMPEP 2803Prohibited Heirs of Deceased Joint Owner Can Join Request for Supplemental ExaminationMPEP 2803Permitted Legal Representative May Join Supplemental Examination Petition When Owner Is IncapacitatedMPEP 2803Prohibited Court Determination Needed for Dissolved Organization's Patent RightsMPEP 2803Permitted Legal Representative May File Supplemental Examination RequestMPEP 2803Permitted
MPEP § 2803.01	Third Parties Cannot File Papers in Supplemental ExaminationMPEP 2803.01 Patent Owner Can Request Ex Parte ReexaminationMPEP 2803.01Prohibited No Discussion with Third Parties Regarding Supplemental ExaminationMPEP 2803.01Recommended Inquiry from Non-Patent Owner Referred to CRU SPRSMPEP 2803.01Recommended General Procedural Questions Only Allowed for Supplemental ExaminationsMPEP 2803.01Permitted CRU Examiners Must Not Discuss SNQ Evidence ConsiderationMPEP 2803.01Recommended Patent Practitioners Must Not Address Improper Queries to Examining CorpsMPEP 2803.01Prohibited Refusal of Public Inquiries on Examination MattersMPEP 2803.01Required Definitions and Exceptions for Supplemental Examination RequestsMPEP 2803.01
MPEP § 2808	Patent Owner Can Request Supplemental Examination Any Time During Patent EnforceabilityMPEP 2808Permitted Period for Requesting Supplemental Examination Determined by RuleMPEP 2808Prohibited Enforceability Period Extended for Pending LitigationMPEP 2808Permitted Supplemental Examination After Statute of LimitationsMPEP 2808Permitted Patent Owner Determines Expiration Date for Supplemental ExaminationMPEP 2808 How to Determine Patent Expiration DateMPEP 2808Permitted Expiration Date Determination for Supplemental ExaminationMPEP 2808Recommended
MPEP § 2811	Owner Identification and Ownership Submission Required for Supplemental ExaminationMPEP 2811Required Request for Supplemental Examination Must Be Filed by Patent OwnerMPEP 2811Required
MPEP § 2813	Third Party Cannot File Papers in Supplemental Examination ProceedingMPEP 2813Prohibited Third Party Cannot File Papers in Supplemental Examination ProceedingMPEP 2813
MPEP § 2817	Certificate Must Indicate SNQ of PatentabilityMPEP 2817Required Supplemental Examination Certificate Must State SNQ DeterminationMPEP 2817 Supplemental Examination Proceeding Ends With Issuance of CertificateMPEP 2817
MPEP § 509.04	Fees Reduced for Micro EntitiesMPEP 509.04 Excess Claims and Application Size Fees Eligible for Micro Entity DiscountMPEP 509.04Required Micro Entity Discount for Appeal FeesMPEP 509.04 Ex Parte Reexamination Fees Subject to Micro Entity DiscountMPEP 509.04

Related Provisions

Based on MPEP Last Modified: 10/30/2024 08:50:22

37 CFR § 1.601 — Filing of papers in supplemental (MPEP Coverage Index) – BlueIron IP

37 CFR § 1.601 Filing of papers in supplemental

Summary

Official MPEP § 1.601 — Filing of papers in supplemental

1.601 Filing of papers in supplemental examination.

Verbatim in MPEP

Required Actions

Key Interpretations

Topics

MPEP Coverage

Related Provisions